Protection of Traditional Knowledge under Intellectual Property Law in India: Challenges and Legal Perspectives

Abstract

Traditional knowledge (TK) is the cultural and intellectual heritage of indigenous and local communities that has been developed over the generations through collective experience and practice. In India, safeguarding such knowledge has become significant as there are fears that such information might be misused and the people might become victims of bi-piracy and misappropriation. The paper is a critical analysis of the legal mechanisms that are available in safeguarding traditional knowledge under the intellectual property law. It examines how statutes, including the Patents Act, 1970 and international agreements, such as the TRIPS Agreement, have dealt with these issues. The paper also assesses institutional efforts like the Traditional Knowledge Digital Library (TKDL) and points to the weaknesses of traditional IPR regimes to protect knowledge systems owned by more than one party. It posits that, though India has been making proactive efforts, it needs a more sui generis system to achieve effective and equitable protection of traditional knowledge.